The appellant, a declared vexatious litigant, sought to appeal an order denying him leave to continue an action.
The Court of Appeal quashed the appeal, noting that section 140(4)(e) of the Courts of Justice Act explicitly prohibits appeals from the refusal of leave.
The Court also rejected the appellant's argument that section 140(4)(e) contravenes section 15(1) of the Charter, finding it is not discriminatory.